Foreclosure of Mortgage After Note Barred by Limitations

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The fact that a note or other evidence of debt is barred does not prevent a creditor from thereafter availing himself of the mortgage or other security unless the mortgage or other security itself is barred.

(Civil Code 1895, § 2735; Civil Code 1910, § 3268; Code 1933, § 67-116.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 55 Am. Jur. 2d, Mortgages, § 687.


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